OCWEN LOAN SERVICING, LLC v. PACHECO

Index No. 850228/15. Appeal No. 15915. Case No. 2020-02952.

208 A.D.3d 419 (2022)

172 N.Y.S.3d 620

2022 NY Slip Op 05009

Ocwen Loan Servicing, LLC, Respondent, v. Carmen A. Pacheco et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided August 23, 2022.


Attorney(s) appearing for the Case

Law Office of Joseph E. Ruyack, III, Chester ( Joseph E. Ruyack, III of counsel), for appellants.

Knuckles, Komosinski & Manfro, LLP, Elmsford ( Louis A. Levithan of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Gesmer, González, JJ.


On or about March 31, 2017, plaintiffs moved by notice of motion for, inter alia, summary judgment and defendants cross-moved, inter alia, for summary judgment dismissing the complaint for lack of standing. The motion court directed the parties, by interim order dated February 13, 2018, "to appear before a court attorney referee to determine if plaintiff had possession of the note at the time of commencement of this action."

After a hearing, the court attorney referee...

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